Madison - St. Clair Record

Saturday, September 21, 2019

Inspector, home sellers deny liability in suit alleging undisclosed mold

By Heather Isringhausen Gvillo | Aug 1, 2017

An inspection company and the home sellers deny liability in a buyer’s lawsuit alleging they failed to disclose mold and moisture damage.

Cynthia Scully filed her complaint against sellers David and Sherry Scheldt, Stephen Norris and Prudent Home Inspections Inc., alleging violations of the Residential Real Estate Disclosure Act.

In her complaint, Scully alleges she entered into a real estate contract with the Scheldts on March 22, 2016, to purchase a property in Moro. However, Scully claims she was not informed that the property had mold and moisture damage. She also claims the plumbing did not comply with plumbing codes.

She claims she suffered damages after paying $234,900 for a property that she says is worthless and uninhabitable.

The Scheldts answered the complaint on June 21 through attorney Christopher Donohoo of The Donohoo Law Firm PC in East Alton.

They argue that they are not liable for defects unknown to them.

They claim the Residential Real Property Disclosure Act states that the seller is “not liable for any error, inaccuracy, or omission of any information delivered pursuant to the Act where the seller had no knowledge of the error, inaccuracy, or omission.”

The defendants state that the property’s plumbing was inspected by the Illinois Department of Health, which they relied upon.

Scully filed a reply to the affirmative defenses on June 30 through attorney Deborah Hawkins of Hawkins Law Office PC in Edwardsville.

She denies each and every allegation.

Norris and Prudent Home Inspections answered the complaint on July 11 through attorney Johnathon Brereton-Hubbard of the Law Office of McDonald & Bogdan in St. Louis. The defendants deny liability.

Scully seeks a judgment in excess of $50,000, plus court costs.

Madison County Circuit Court case number 17-L-606

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Hawkins Law Office PC Madison County Circuit Court